NARENDER KUMAR Vs. NEELAM

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dtd. 1/5/2013 passed by the Family Court, Sonipat, by which petition filed by the appellant under Sec. 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the "Act") for dissolution of his marriage by a decree of divorce on the ground of cruelty has been dismissed.

(2.) In brief, the marriage of the appellant was solemnized with the respondent on 16/2/1997 at Sonipat as per Hindu Rites and Ceremonies. They were blessed with a male child, namely, Anant, who was born on 5/8/2000 at village Bilaspur. The appellant has alleged that the respondent started treating him with cruelty as she refused to cook meals and forced him to live separately from his parents. As per him, the respondent used to call him "Ghar Walo Ka Pithu" and "Nikkamma" etc. She had never given respect to the appellant nor to his family members as a result of which, his elder brother started living at Samalkha. So much so, his father also divided the properties between the brothers but even thereafter, behaviour of the respondent did not change as she refused to serve food and welcome his relatives and friends. The appellant got a job in USA but when he returned from there, he found that behaviour of the respondent is altogether changed as she started levelling allegation of demand of dowry against him and his family members. She made false complaint on 11/6/2004 to SDM, Samalkhan regarding demand of dowry, which was otherwise withdrawn on 1/10/2007. She had also created a drama of committing suicide, which was published in the newspaper "Dainik Jagran" on 13/11/2007. It is also alleged that the respondent made all possible efforts to cause mental and physical agony to the appellant and in this sequence, she lodged a false FIR No.349 dtd. 15/10/2008, under Ss. 498A, 323 read with Sec. 34 IPC at Police Station Samalkha in which she levelled the allegation of demand of dowry against the appellant and his family members but the said FIR was cancelled by the police after investigation. It is further alleged that before the appellant could have left India for USA, the respondent had joined as a Teacher in the Government Senior Secondary School and used to live at her paternal home. The respondent also filed a complaint under Sec. 12 of the Protection of Woman from Domestic Violence Act, 2005 (hereinafter referred to as the "Act of 2005"), which was dismissed on 17/6/2010. It is also alleged that the appellant had filed a petition before the Circuit Court, Florida (USA) for seeking dissolution of his marriage but the said petition was filed. With these pleadings, the appellant prayed for dissolution of his marriage on the ground of cruelty.

(3.) The appellant had filed replication to the written statement filed by the respondent in which not only he reiterated the averments made by him in the petition but also denied the allegations made by the respondent in her reply.